DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 458 Engrossed 2020 Regular Session Gregory Miller
Abstract: Prohibits a third-party delivery service from advertising, promoting, or conveying a
relationship with a merchant or using the name, likeness, trademark, or intellectual property
of a merchant without an agreement.
Proposed law provides definitions for "agreement", "consumer", "likeness", "merchant", "third-party
delivery platform", and "third-party delivery service".
Proposed law prohibits a third-party delivery service from advertising, promoting, or conveying a
relationship with a merchant or using the name, likeness, trademark, or intellectual property of a
merchant on the third-party delivery platform without an agreement with the merchant.
Proposed law prohibits a third-party delivery service and merchant from entering an agreement
pursuant to proposed law that includes a clause or provision that requires the merchant to indemnify
the third-party delivery service or independent contractors or agents of the third-party delivery
service for damages or harm that occurs after the product leaves the merchant's place of business.
Proposed law establishes the merchant's right to bring an action in a court of competent jurisdiction
when a third-party delivery service uses the name, likeness, trademark, or intellectual property of the
merchant in violation of proposed law.
Proposed law allows a court of competent jurisdiction to impose a civil penalty, not to exceed $5,000
or the amount of the merchant's actual damages, whichever is greater, against a third-party delivery
service found to be in violation of proposed law. Further, proposed law allows the court to award
attorney fees to the prevailing party.
(Adds R.S. 51:3171 and 3172)